DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7015S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SJN
Docket No: 00494-12
22 October 2012
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10 of the United
States Code, section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 17 October 2012. The names and votes of the
members of the panel will be furnished upon request. Your
allegations of error and injustice were reviewed in accordance
with administrative regulations and procedures applicable to the
proceedings of this Board. Documentary material considered by
the Board consisted of your application, together with all
material submitted in support thereof, your naval record, and
applicable statutes, regulations, and policies.
After careful and conscientious consideration of the entire
record, the Board found the evidence submitted was insufficient
to establish the existence of probable material error or
An jMetice.
You enlisted in the Navy and began a period of active duty on
6 August 1992. The Board found that on 15 July 1993, you
received nonjudicial punishment (NUP) for larceny of government
property. On 13 August 1993, you were counseled and warned that
further misconduct could result in administrative discharge
action. On 13 July 1994, you were convicted by special court-
martial (SPCM) of 176 days of umauthorized absence (UA) that
ended in your apprehension, missing ship’s movement, and wrongful
use of methamphetamine. You were sentenced to confinement, a
forfeiture of pay, a reduction in paygrade, and a bad conduct
discharge (BCD). You received the BCD on 27 July 1995 after
appellate review was completed.
The Board, in its review of your record and application,
carefully weighed all potentially mitigating factors, such as
your youth, record of service, character letters, and desire to
upgrade your discharge. Nevertheless, based on the information
currently contained in your record, the Board concluded these
factors were not sufficient to warrant recharacterization of your
discharge given your NUP and ¢PCM conviction of very serious
offenses, one of which involved the wrongful use of drugs.
Accordingly, your application has been denied.
It is regretted that the circumstances of your case are such that
favorable action cannot be taken. You are entitled to have the
Board reconsider its decision upon submission of new and material
evidence or other matter not previously considered by the Board.
In this regard, it is important to keep in mind that a
presumption of regularity attaches to all official records.
Consequently, when applying for a correction of an official naval
record, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.
Sincerely,
s ofan = . - aa
ROBERT D. SALMAN
Acting Executive Director
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